Mastrorilli v. Comm’r of Soc. Sec. (M.D. Fla. Apr. 26, 2016) (Magistrate Judge Thomas G. Wilson)
Mastrorilli v. Colvin., Case No. 8:15-CV-1466-T-27TGW (M.D. Fla. Apr. 7, 2016) (Adopting Report and Recommendation of by Magistrate Thomas G. Wilson dated April 7, 2016)
Included: Response to Motion to Dismiss; Planitiff’s Response to Defendant’s Reply, Report and Recommendation, and Remand Order
1) Whether the dismissal of the Plaintiff’s hearing request on the basis of res judicata is an administrative decision for which judicial review is authorized under § 405(g).
2) Whether Plaintiff has raised a colorable constitutional issue that warrants reopening of claim based upon her mental illness and the arbitrary application of res judicata.